Lawyers for the three men accused of fatally shooting B.C. gangster Jonathan Bacon in broad daylight six years ago are still trying to get charges against their clients thrown out in a Kelowna courtroom.
The application process to have charges dropped against Jujhar Khun-Khun, Jason McBride and Michael Jones entered its second week Tuesday, and there’s no clear information as of yet on how much longer it will take.
The application is based on the Supreme Court of Canada’s ruling in R. v. Jordan, which set out a new framework for analyzing a violation of the Charter.
To get the matter to trial was above the 30-month threshold established in the Jordan case for trials in Superior Court, which means the Crown will be required to show exceptional circumstances to rebut the presumption that the delay was unreasonable.
Khun Khun, McBride and Jones are each charged with one count of murder, four counts of attempted murder and numerous gun charges.
Bacon, a Red Scorpion gang member, was shot to death outside the Delta Grand Hotel on Aug. 14, 2011. In his vehicle during the attack were Larry Amero, a Hells Angel, James Riach, of the Independent Soldiers, and two women. One of the women, Leah Hadden-Watts , was paralyzed in the incident. The other remains unnamed.
The trio were arrested in 2013.